Oklahoma § 63-5053.1 - Definitions - Civil penalty for false or fraudulent

§ 63-5053.1. Definitions - Civil penalty for false or fraudulent

claims.

A. For purposes of this section:

1. "Claim":

a.

means any request or demand for money or property,

whether under a contract or otherwise and whether or

not the state has title to the money or property,

that:

(1) is presented to an officer, employee or agent of

the state, or

(2) is made to a contractor, grantee or other

recipient, if the money or property is to be

spent or used on the state's behalf or to advance

a state program or interest, and if this state:

(a) provides or has provided any portion of the

money or property requested or demanded, or

(b) will reimburse such contractor, grantee or

other recipient for any portion of the money

or property which is requested or demanded;

and

b.

shall not include requests or demands for money or

property that the government has paid to an individual

as compensation for state employment or as an income

subsidy with no restrictions on the individual's use

of the money or property;

2. "Knowing" and "knowingly" mean that a person, with respect

to information:

a.

has actual knowledge of the information,

b.

acts in deliberate ignorance of the truth or falsity

of the information, or

Oklahoma Statutes - Title 63. Public Health and Safety

c.

acts in reckless disregard of the truth or falsity of

the information.

No proof of specific intent to defraud is required;

3. "Material" means having a natural tendency to influence or

be capable of influencing the payment or receipt of money or

property; and

4. "Obligation" means an established duty, whether or not

fixed, arising from an express or implied contractual, grantorgrantee or licensor-licensee relationship, from a fee-based or

similar relationship, from statute or regulation or from the

retention of any overpayment.

B. Any person who:

1. Knowingly presents, or causes to be presented, a false or

fraudulent claim for payment or approval;

2. Knowingly makes, uses, or causes to be made or used, a false

record or statement material to a false or fraudulent claim;

3. Conspires to commit a violation of the Oklahoma Medicaid

False Claims Act;

4. Has possession, custody, or control of property or money

used, or to be used, by the state and knowingly delivers, or causes

to be delivered, less than all of such money or property;

5. Is authorized to make or deliver a document certifying

receipt of property used or to be used by the state and, intending

to defraud the state, makes or delivers the receipt without

completely knowing that the information on the receipt is true;

6. Knowingly buys or receives as a pledge of an obligation or

debt, public property from an officer or employee of the state who

lawfully may not sell or pledge property; or

7. Knowingly makes, uses or causes to be made or used, a false

record or statement material to an obligation to pay or transmit

money or property to the state, or knowingly conceals or knowingly

and improperly avoids or decreases an obligation to pay or transmit

money or property to the state;

is liable to the State of Oklahoma for a civil penalty consistent

with the civil penalties provision of the Federal False Claims Act,

31 U.S.C. 3729(a), as adjusted by the Federal Civil Penalties

Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law

101-410), and as further amended by the Federal Civil Penalties

Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of

Public Law 114-74), plus three times the amount of damages which the

state sustains because of the act of that person.

C. If the court finds that:

1. The person committing the violation in subsection B of this

section furnished officials of this state responsible for

investigating false claims violations with all information known to

such person about the violation within thirty (30) days after the

date on which the defendant first obtained the information;

Oklahoma Statutes - Title 63. Public Health and Safety

2. The person fully cooperated with any state investigation of

the violation; and

3. At the time the person furnished the state with the

information about the violation, no criminal prosecution, civil

action, or administrative action had commenced under this title with

respect to the violation, and the person did not have actual

knowledge of the existence of an investigation into the violation,

the court may assess not less than two times the amount of damages

which the state sustains because of the act of the person.

D. A person violating subsection B of this section shall also

be liable to this state for the costs of a civil action brought to

recover any such penalty or damages.

E. Any information furnished pursuant to subsections A through

D of this section shall be exempt from disclosure under the Oklahoma

Open Records Act.

F. This section does not apply to claims, records or statements

under the Oklahoma Tax Code.

Added by Laws 2007, c. 137, § 2, eff. Nov. 1, 2007. Amended by Laws

2016, c. 44, § 1, eff. Nov. 1, 2016; Laws 2017, c. 86, § 1, eff.

Nov. 1, 2017.